W&G Successfully Represents Level 3 Communications, Inc., to Obtain U.S. National Security and FCC Regulatory Approvals for Its Acquisition of Global Crossing Limited

October 05, 2011


Wiltshire & Grannis LLP (“W&G”) successfully represented longstanding client Level 3 Communications, Inc. (“Level 3”), to obtain U.S. national security clearances and Federal Communications Commission (“FCC”) consents in its acquisition of Global Crossing Limited (“GCL”), a transaction consummated on October 4, 2011.

W&G negotiated on Level 3’s behalf a new network security agreement with the Departments of Defense, Homeland Security, and Justice (known collectively as “Team Telecom”), executed on September 26, 2011, and the termination of GCL’s existing network security agreement, effective October 5, 2011.  W&G also represented Level 3 before the Committee on Foreign Investment in the United States (“CFIUS”), ensuring that the CFIUS would not block or condition the transaction.

On September 29, 2011, the FCC’s International and Wireline Competition Bureaus issued an order granting consent for the transfer of control to Level 3 of GCL’s cable landing licenses, international Section 214 authorizations, and satellite earth station authorizations.  The FCC also issued declaratory ruling under Section 310(b)(4) of the Communications Act permitting increased post-consummation foreign ownership in Level 3.  The FCC bureaus concluded that approval of the transaction would serve the public interest and declined to condition the approvals to address allegations raised by transaction opponents.

W&G’s national security team was led by Kent Bressie and included Cecil Hunt and Kristine Devine.  W&G’s FCC team was led jointly by John Nakahata and Kent Bressie and included Brita Strandberg and Kristine Devine.

For more information about W&G’s national security and foreign investment practices, please contact Kent Bressie by telephone at +1 202 730 1337 or by e-mail at kbressie@wiltshiregrannis.com.  For more information about W&G’s telecommunications regulatory practice, please contact John Nakahata by telephone at +1 202 730 1320 or by e-mail at jnakahata@wiltshiregrannis.com.



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